CommontoroUl)  of  IHassacijuoetts. 


In  the  Year  One  Thousand  Eight  Hundred  and  Forty-Six. 


AN  ACT 

To  establish  the  City  of  Roxbury. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  in  Gen - 
eral  Court  assembled ,  and  by  the  authority  of  the  same ,  as  follows  : 


Sect.  1.  The  inhabitants  of  the  Town  of  Roxbury  shall  con¬ 
tinue  to  be  a  body  politic  and  corporate,  under  the  name  of  the 
City  of  Roxbury,  and  as  such  shall  have,  exercise  and  enjoy  all  the 
rights,  immunities,  powers  and  privileges,  and  shall  be  subject  to 


2 


all  the  duties  and  obligations,  now  incumbent  upon  and  appertain¬ 
ing  to  said  town  as  a  Municipal  Corporation. 

Sect.  2.  The  administration  of  all  the  fiscal,  prudential  and 
municipal  affairs  of  said  city,  with  the  government  thereof,  shall 
be  vested  in  one  principal  officer,  to  be  styled  the  mayor ;  one 
council  of  eight,  to  be  called  the  board  of  aldermen  ;  and  one  coun¬ 
cil  of  twenty-four  to  be  called  the  common  council ;  which  boards, 
in  their  joint  capacity,  shall  be  denominated  the  city  council,  and 
the  members  thereof  shall  be  sworn  to  the  faithful  performance  of 
the  duties  of  their  respective  offices.  A  majority  of  each  board 
shall  constitute  a  quorum  for  doing  business,  and  no  member  of 
either  board  shall  receive  any  compensation  for  his  services. 

Sect.  3.  It  shall  be  the  duty  of  the  Selectmen  of  the  Town  of 
Roxbury,  as  soon  as  may  be,  after  the  passage  of  this  act,  and  its 
acceptance  by  the  inhabitants,  as  hereinafter  provided,  to  divide 
said  town  into  eight  wards,  as  follows,  to  wit:  first ,  by  drawing  a 
line  between  the  second  and  third  parishes,  as  near  the  old  territo¬ 
rial  parish  line  as  may  be  convenient,  and  constituting  the  second 
parish  one  ward :  second ,  by  drawing  a  line  in  the  same  manner 
between  the  first  and  third  parishes,  and  dividing  the  third  parish 
into  two  wards,  to  contain,  as  nearly  as  may  be  convenient,  an 
equal  number  of  inhabitants,  and,  third ,  by  dividing  the  first 
parish  into  five  wards,  as  nearly  equal  in  number  of  inhabitants  as 
may  be  consistent  with  convenience  in  other  respects. 

And  it  shall  be  the  duty  of  the  City  council,  once  in  five  years  to 
revise,  and  if  it  be  needful,  to  alter  said  wards  in  such  manner  as  to 
preserve  as  nearly  as  may  be.  an  equal  number  of  voters  in  each 
ward;  provided ,  however,  that  the  second  parish  shall  always  con¬ 
stitute  at  least  one  ward,  and  the  third  parish  shall  constitute  at 
least  two  wards  without  any  addition  of  territory  to  either. 


3 


Sect.  4.  On  the  second  Monday  in  March,  annually,  there  shall 
be  chosen  by  ballot  in  each  of  said  wards,  a  warden,  clerk,  and 
three  inspectors  of  elections,  residents  of  wards  in  which  they  are 
chosen,  who  shall  hold  their  offices  for  one  year,  and  until  others 
shall  have  been  chosen  in  their  places,  and  qualified  to  act.  It 
shall  be  the  duty  of  such  warden  to  preside  at  all  ward  meetings, 
with  the  powers  of  moderator  of  town  meetings.  And  if  at  any 
meeting  the  warden  shall  not  be  present,  the  clerk  of  such  ward 
shall  call  the  meeting  to  order,  and  preside  until  a  warden  pro  tem¬ 
pore  shall  be  chosen  by  ballot.  And  if  at  any  meeting  the  clerk 
shall  not  be.  present,  a  clerk  pro  tempore  shall  be  chosen  by  ballot. 
The  clerk  shall  record  all  the  proceedings  and  certify  the  votes 
given,  and  deliver  over  to  his  successor  in  office  all  such  records 
and  journals,  together  with  all  other  documents  and  papers  held  by 
him  in  said  capacity.  And  it  shall  be  the  duty  of  the  inspectors  of 
elections,  to  assist  the  warden  in  receiving,  assorting  and  counting 
the  votes.  And  the  warden,  clerk  and  inspectors  so  chosen,  shall 
respectively  make  oath  or  affirmation,  faithfully  and  impartially  to 
discharge  their  several  duties,  relative  to  all  elections,  which  oath 
may  be  administered  by  the  clerk  of  such  ward,  to  the  warden,  and 
by  the  warden  to  the  clerk  and  inspectors,  or  by  any  justice  of  the 
peace  for  the  County  of  Norfolk. 

All  warrants  for  meetings  of  the  citizens  for  municipal  pur¬ 
poses,  to  be  held  either  in  wards  or  in  general  meetings,  shall  be 
issued  by  the  Mayor  and  Aldermen,  and  shall  be  in  such  form,  and 
shall  be  served,- executed  and  returned  in  such  manner,  and  at  such 
times*  as  the  city  council  may  by  any  by-law  direct. 

Sect.  5.  The  mayor  and  eight  aldermen,  one  alderman  to  be 
selected  from  each  ward,  shall  be  elected  by  the  qualified  voters  of 
the  city,  at  large,  voting  in  their  respective  wards,  and  three  common 
councilmen  shall  be  elected  from  and  by  the  voters  of  each  ward,  and 
shall  be  residents  of  the  wards  in  which  they  are  elected ;  all  said 


4 


officers  shall  be  chosen  by  ballot,  and  shall  hold  their  offices  for 
one  year  from  the  first  Monday  in  April,  and  the  mayor,  until 
another  shall  be  elected  and  qualified  in  his  place. 

Sect.  6.  On  the  second  Monday  in  March,  annually,  immedi¬ 
ately  after  a  warden,  clerk,  and  inspectors  shall  have  been  elected 
and  sworn,  the  qualified  voters  in  each  ward  shall  give  in  their 
votes  for  mayor,  aldermen,  and  common  councilmen,  as  provided 
in  the  preceding  section;  and  all  the  votes  so  given,  shall  be  assort* 
ed,  counted,  declared,  and  registered  in  open  ward  meeting,  by 
causing  the  names  of  persons  voted  for,  and  the  number  of  votes 
given  for  each,  to  be  written  in  the  ward  records  in  words  at  length. 

The  clerk  of  the  ward,  within  twenty-four  hours  after  such  elec¬ 
tion,  shall  deliver  to  the  persons  elected  members  of  the  common 
council,  certificates  of  their  election,  signed  by  the  warden  and 
clerk,  and  by  a  majority  of  the  inspectors  of  elections,  and  shall 
deliver  to  the  City  clerk  a  copy  of  the  records  of  such  election,  cer¬ 
tified  in  like  manner  :  provided,  however ,  that  if  the  choice  of  com¬ 
mon  councilmen  cannot  be  conveniently  effected  on  that  day,  the 
meeting  may  be  adjourned,  from  time  to  time,  to  complete  such 
election. 

The  board  of  aldermen  shall,  as  soon  as  conveniently  may  be, 
examine  the  copies  of  the  records  of  the  several  wards,  certified  as 
aforesaid,  and  shall  cause  the  person  who  may  have  been  elected 
mayor,  to  be  notified  in  writing  of  his  election ;  but  if  it  shall  ap¬ 
pear  that  no  person  has  received  a  majority  of  all  the  votes,  or  if 
the  person  elected  shall  refuse  to  accept  the  office,  the  board  shall 
issue  their  warrants  for  a  new  election,  and  the  same  proceedings 
shall  be  had  as  are  herein  before  provided,  for  the  choice  of  mayor, 
and  repeated,  from  time  to  time,  until  a  mayor  is  chosen. 

In  case  of  the  decease,  resignation  or  absence  of  the  mayor,  or  of 
his  inability  to  perform  the  duties  of  his  office,  it  shall  be  the 


5 


duty  of  the  board  of  aldermen  and  the  common  council  in  conven¬ 
tion,  to  elect  a  mayor  for  the  time  being,  to  serve  until  another  is 
chosen,  or  until  the  occasion  causing  the  vacancy  is  removed. 

And,  if  it  shall  appear  that  the  whole  number  of  aldermen  have 
not  been  elected,  the  same  proceedings  shall  be  had,  as  are  herein 
before  provided  for  choice  of  mayor.  Each  alderman  shall  be 
notified  in  writing  of  his  election,  by  the  mayor  and  aldermen  for 
the  time  being. 

The  oath  prescribed  by  this  act,  shall  be  administered  to  the 
mayor  by  the  City  clerk,  or  any  justice  of  the  peace  for  the  County 
of  Norfolk. 

The  aldermen  and  common  council  men  elect,  shall,  on  the  first 
Monday  of  April,  at  10  o’clock  in  the  forenoon,  meet  in  convention, 
when  the  oath  required  by  this  act,  shall  be  administered  to  the 
members  of  the  two  boards  present,  by  the  mayor,  or  by  any  justice 
of  the  peace  for  the  County  of  Norfolk,  and  a  certificate  of  such 
oath  having  been  taken,  shall  be  entered  on  the  journal  of  the  mayor 
and  aldermen,  and  of  the  common  council,  by  their  respective 
clerks. 

And  whenever  it  shall  appear  that  no  mayor  has  been  elected 
previously  to  the  said  first  Monday  in  April,  the  mayor  and  aider- 
men  for  the  time  being,  shall  make  a  record  of  that  fact ;  an  attest¬ 
ed  copy  of  which,  the  City  clerk  shall  read  at  the  opening  of  the 
convention  to  be  held  as  aforesaid. 

After  the  oath  has  been  administered  as  aforesaid,  the  two  boards 
shall  separate  ;  and  the  common  council  shall  be  organized  by  the 
choice  of  a  president  and  a  clerk,  to  hold  their  office  during  the 
pleasure  of  the  common  council,  and  to  be  sworn  to  the  faithful 
performance  of  their  duties. 

In  case  of  the  absence  of  the  mayor  elect,  on  the  first  Monday  in 
April,  the  city  government  shall  organize  itself  in  the  manner  here- 


6 


in  before  provided,  and  may  proceed  to  business  in  the  same  man¬ 
ner  as  if  the  mayor  were  present,  and  the  oath  of  office  may  be  ad¬ 
ministered  to  the  mayor  at  any  time  thereafter,  in  a  convention  of 
the  two  branches. 

In  the  absence  of  the  mayor,  the  board  of  aldermen  may  choose 
a  chairman  pro  tempore,  who  shall  preside  at  joint  meetings  of  the 
two  boards. 

Each  board  shall  keep  a  record  of  its  own  proceedings,  and  judge 
of  the  elections  of  its  own  members  ;  and  in  failure  of  election,  or 
in  cases  of  vacancy,  may  order  new  elections.  And  in  case  of  any 
such  vacancy  declared  by  either  board,  the  mayor  and  aldermen 
shall  order  a  new  election. 

Sect.  7.  The  mayor,  thus  chosen  and  qualified,  shall  be  the 
chief  executive  officer  of  said  city.  It  shall  be  his  duty  to  be  vigi¬ 
lant  in  causing  the  laws  and  regulations  of  the  city  to  be  enforced, 
and  to  keep  a  general  supervision  over  the  conduct  of  all  subordin¬ 
ate  officers,  with  power  to  remove  them  for  neglect  of  duty.  He 
may  call  special  meetings  of  the  boards  of  aldermen  and  common 
council,  or  either  of  them,  when  necessary  in  his  opinion,  by 
causing  notices  to  be  left  at  the  places  of  residence  of  the  several 
members  ;  he  shall  communicate,  from  time  to  time,  to  both  of 
them,  such  information  and  recommend  such  measures,  as  in  his 
opinion,  the  interests  of  the  city  may  require  ;  he  shall  preside  in 
the  board  of  aldermen,  and  in  convention  of  the  two  branches,  but 
shall  have  only  a  casting  vote. 

The  salary  of  mayor  for  the  first  year  in  which  this  charier  shall 
take  effect,  shall  be  six  hundred  dollars,  and  no  more ;  his  salary 
shall  afterwards  be  fixed  by  the  city  council,  but  neither  increased 
nor  diminished  during  the  year  for  which  he  is  chosen,  and  he 
shall  have  no  other  compensation  ;  fwovided,  however ,  that  the  city 


7 


council  shall  have  power  to  appoint  the  mayor  commissioner  of 
highways,  when  in  their  opinion  such  an  office  is  necessary,  and 
allow  him  a  suitable  compensation  therefor. 

Sect.  8.  The  executive  power  of  said  city  generally,  and  the 
administration  of  the  police,  with  all  the  powers  heretofore  vested 
in  the  selectmen  of  Roxbury,  shall  be  vested  in  the  mayor  and  al¬ 
dermen,  as  fully  as  if  the  same  were  herein  specially  enumerated. 

And  the  mayor  and  aldermen  shall  have  full  and  exclusive  pow¬ 
er  to  appoint  a  constable  and  assistants,  or  a  city  marshal  and  as¬ 
sistants,  with  the  powers  and  duties  of  constables,  and  all  other 
police  officers  ;  and  the  same  to  remove  at  pleasure. 

And  the  mayor  and  aldermen  may  require  any  person  appointed 
a  constable  of  the  city,  to  give  bonds  with  such  security  as  they 
may  deem  reasonable,  before  he  enters  upon  the  duties  of  his  of¬ 
fice,  upon  which  bonds  the  like  proceedings  and  remedies  may  be 
had,  as  are  by  law  provided  in  case  of  constables’  bonds  taken  by 
the  selectmen  of  towns. 

And  the  mayor  and  aldermen  shall  have  the  same  power  to  grant 
licenses  to  inn-holders,  victuallers,  and  retailers  within  the  city; 
which  is  possessed  by  the  mayor  and  aldermen  of  the  City  of 
Boston. 

The  city  council  shall,  annually,  as  soon  after  their  organization 
as  may  be  convenient,  elect,  by  joint  ballot  in  convention,  a  treas¬ 
urer  and  collector  of  taxes,  a  chief  engineer,  a  city  clerk,  and  three 
assessors  of  taxes,  and  fix  their  compensations.  They  shall,  also, 
in  such  manner  as  they  shall  determine, appoint  or  elect  all  other  sub¬ 
ordinate  officers,  for  whose  election  or  appointment  other  provision 
is  not  herein  made,  define  their  duties  and  fix  their  compensations. 

All  sittings  of  the  common  council  shall  be  public,  and  all  sit¬ 
tings  of  the  mayor  and  aldermen  shall  also  be  public,  when  they 
are  not  engaged  in  executive  business. 


8 


The  city  council  shall  take  care  that  no  moneys  be  paid  from  the 
treasury,  unless  granted  or  appropriated ;  shall  secure  a  just  and 
proper  accountability  by  requiring  bonds  with  sufficient  penalties 
and  sureties,  from  all  persons  trusted  with  the  receipt,  custody  or 
disbursement  of  money  ;  shall  have  the  care  and  superintendence 
of  the  city  buildings,  with  the  power  to  let,  or  to  sell  what  may  be 
legally  sold  ;  and  to  purchase  property,  real  or  personal,  in  the 
name  and  for  the  use  of  the  city,  whenever  its  interest  or  conven¬ 
ience  may,  in  their  judgment, require  it.  And  the  city  council  shall, 
as  often  as  once  in  a  year,  cause  to  be  published,  for  the  use  of  the 
inhabitants,  a  particular  account  of  the  receipts  and  expenditures, 
and  a  schedule  of  city  property. 

Sect.  9.  In  all  cases  in  which  appointments  are  directed  to  be 
made  by  the  mayor  and  aldermen,  the  mayor  shall  have  the  exclu¬ 
sive  power  of  nomination,  such  nomination,  however,  being  subject 
to  be  confirmed  or  rejected  by  the  board  of  aldermen  :  Provided, 
however ,  that  no  person  shall  be  eligible  to  any  office  of  emolument, 
the  salary  of  which  is  payable  out  of  the  city  treasury,  who,  at 
the  time  of  such  appointment,  shall  be  a  member  of  the  board  of 
aldermen  or  of  the  common  council. 

Sect.  10.  The  city  clerk  shall  also  be  clerk  of  the  board  of  aider- 
men,  and  shall  be  sworn  to  the  faithful  performance  of  his  duties. 
He  shall  perform  such  duties  as  shall  be  prescribed  by  the  board  of 
aldermen,  and  he  shall  perform  all  the  duties,  and  exercise  all  the 
powers,  by  law  incumbent  upon,  or  vested  in,  the  town  clerk  of  the 
town  of  Roxbury.  He  shall  be  chosen  for  one  year,  and  until 
another  shall  be  chosen  and  qualified  in  his  place,  but  may  be  at 
any  time  removed  by  the  city  council. 

Sect.  11.  The  qualified  voters  of  each  ward,  at  their  respective. 


9 


annual  ward  meetings  for  the  .choice  of  officers,  shall  elect  by  ballot 
one  person  in  each  ward  to  be  an  overseer  of  the  poor,  who  shall 
be  a  resident  of  said  ward,  and  the  persons  thus  chosen,  together 
with  the  mayor,  shall  constitute  the  board  of  overseers  of  the 
poor,  and  shall  have  all  the  powers  and  be  subject  to  all  the 
duties  now  by  law  appertaining  to  the  overseers  of  the  poor  for  the 
town  of  Roxbury. 

The  qualified  voters  shall,  at  the  same  time  and  in  the  same  man¬ 
ner,  elect  three  persons  from  the  city  at  large,  and  two  persons  from 
each  ward  to  be  members  of  the  school  committee,  and  the  persons 
thus  chosen  shall  constitute  the  school  committee,  and  have  the 
care  and  superintendence  of  the  public  schools. 

The  qualified  voters  shall,  at  the  same  time  and  in  like  manner, 
elect  one  person  in  each  ward  to  be  an  assistant  assessor,  who  shall 
be  a  resident  of  said  ward,  and  it  shall  be  the  duty  of  the  persons  so 
chosen  to  furnish  the  assessors  with  all  necessary  information  rela¬ 
tive  to  persons  and  property  taxable  in  their  respective  wards,  and 
they  shall  be  sworn  to  the  faithful  performance  of  their  duty. 

And  the  persons  to  be  chosen  by  the  city  council  as  assessors, 
shall  constitute  the  board  of  assessors,  and  shall  exercise  the  powers 
and  be  subject  to  the  duties  and  liabilities  of  assessors  in  towns. 

All  taxes  shall  be  assessed,  apportioned,  and  collected  in  the 
manner  prescribed  by  law  relative  to  town  taxes ;  provided,  how¬ 
ever ,  that  it  shall  be  lawful  for  the  city  council  to  establish  further 
and  additional  provision  for  the  collection  thereof. 

Should  there  fail  to  be  a  choice  of  overseers  of  the  poor,  members 
of  the  school  committee,  or  assistant  assessors,  in  any  ward,  the  va¬ 
cancy,  or  vacancies  shall  be  filled  by  the  city  council  in  conven¬ 
tion,  in  the  same  manner  that  is  provided  for  filling  vacancies  in 
the  Senate  of  this  Commonwealth. 

2 


10 


Sect.  12.  The  city  council  shall  have  exclusive  authority  and 
power  to  lay  out  any  new  street  or  town  way,  and  to  estimate  the 
damages  any  individual  may  sustain  thereby,  but  all  questions  re¬ 
lating  to  the  subject  of  laying  out,  accepting,  altering,  or  discontin¬ 
uing  any  street  or  way,  shall  first  be  acted  upon  by  the  mayor  and 
aldermen.  And  any  person  dissatisfied  with  the  decision  of  the  city 
council  in  the  estimate  of  damages,  may  make  complaint  to  the 
County  Commissioners  of  the  County  of  Norfolk,,  at  any  meeting 
held  within  one  year  after  such  decision,  whereupon  the  same  pro¬ 
ceedings  shall  be  had  as  are  now  provided  by  the  laws  of  the  Com¬ 
monwealth  in  cases  when  persons  are  aggrieved  by  the  assessment 
of  damages  by  Selectmen,  in  the  twenty-fourth  chapter  of  the  Re¬ 
vised  Statutes. 

Sect.  13.  All  power  and  authority  now  by  law  vested  in  the 
board  of  health  for  the  Town  of  Roxbury,  or  in  the  selectmen  of 
said  town,  shall  be  transferred  to,  and  vested  in  the  city  council,  to 
be  carried  into  execution  in  such  manner  as  the  city  council  shall 
deem  expedient. 

Sect.  14.  The  city  council  shall  have  authority  to  cause  drains 
and  common  sewers  to  be  laid  down  through  any  streets  or  private 
lands,  paying  the  owners  such  damage  as  they  may  sustain  there¬ 
by  :  and  to  require  all  persons  to  pay  a  reasonable  sum  for  the  priv¬ 
ilege  of  opening  any  drain  into  said  public  drain  or  common  sewer. 

And  the  city  council  may  make  by-laws  with  suitable  penalties 
for  the  inspection,  survey,  measurement,  and  sale  of  lumber,  wood, 
coal,  and  bark,  brought  into  the  city  for  sale. 

Sect.  15.  All  fines,  forfeitures  and  penalties,  accruing  for  the 
breach  of  any  by-law  of  the  City  of  Roxbury,  or  of  any  of  the  ordi¬ 
nances  of  the  city  council,  or  of  any  of  the  orders  of  the  mayor  and 


II 


aldermen,  may  be  prosecuted  for  and  recovered,  before  any  justice 
of  the  peace  in  said  City  of  Roxbury,  by  complaint  or  information, 
in  the  name  of  the  Commonwealth,  in  the  same  way  and  manner 
in  which  other  criminal  offences  are  now  prosecuted  before  the  jus¬ 
tices  of  the  peace  within  this  Commonwealth  ;  reserving,  however, 
in  all  cases  to  the  party  complained  of  and  prosecuted,  the  right  of 
appeal  to  the  Court  of  Common  Pleas,  then  next  to  be  held  in  the 
County  of  Norfolk,  from  the  judgment  and  sentence  of  any  justice 
of  the  peace. 

And  the  appeal  shall  be  allowed  on  the  same  terms  and  the  pro¬ 
ceedings  be  conducted  therein  in  the  same  manner  as  provided  in 
the  one  hundred  and  thirty-eighth  chapter  of  the  Revised  Statutes 
of  this  Commonwealth. 

And  it  shall  be  sufficient,  in  all  such  prosecutions,  to  set  forth  in 
the  complaint,  the  offence  fully,  plainly,  substantially,  and  formal¬ 
ly,  and  it  shall  not  be  necessary  to  set  forth  such  by-law,  ordinance 
or  order,  or  any  part  thereof. 

All  fines,  forfeitures,  and  penalties  so  recovered  and  paid,  shall 
be  paid  to  the  treasurer  of  the  City  of  Roxbury,  and  shall  enure  to 
such  uses  as  said  city  council  shall  direct. 

When  any  person,  upon  any  conviction  before  a  justice  of 
the  peace,  for  any  breach  of  any  by-law  of  said  City  of  Roxbury, 
or  any  of  the  ordinances  of  the  city  council,  or  any  of  the  orders  of 
the  mayor  and  aldermen,  shall  be  sentenced  to  pay  a  fine,  or  order¬ 
ed  to  pay  any  penalty  or  forfeiture,  provided  by  any  such  by-law, 
ordinance,  or  order,  or  upon  claiming  an  appeal,  shall  fail  to  recog¬ 
nize  for  his  appearance  at  the  court  appealed  to,  and  there  to  pro¬ 
secute  his  appeal  and  to  abide  the  sentence  or  order  of  the  court 
thereon,  and  in  the  mean  time  to  keep  the  peace  and  be  of  good  be¬ 
havior,  and  upon  not  paying  the  fine,  penalty  or  forfeiture  and  costs 
so  assessed  upon  him,  he  shall  be  committed  to  prison,  there  to  remain 


1 2 


until  he  or  she  shall  pay  such  fine,  forfeiture,  or  penalty  and  costsr 
or  be  otherwise  discharged  according  to  law. 

The  provisions  of  this  section  shall  also  apply  to  all  prosecu¬ 
tions  founded  on  the  by-laws  or  ordinances  of  the  Town  of  Roxbu- 
ry,  which  may  continue  in  force  after  this  act  shall  go  into  opera¬ 
tion. 

Sect.  16.  It  shall  be  the  duty  of  the  city  council  annually,  in 
the  month  of  October,  to  meet  in  convention  and  determine  the 
number  of  representatives  to  be  elected  by  the  City  to  the  General 
Court  in  such  year,  which  shall  be  conclusive,  and  the  number  thus 
determined  shall  be  specified  in  the  warrant  calling  meetings  for  the 
election  of  representatives. 

Sect.  17.  All  elections  for  County,  State,  and  United  States  of¬ 
ficers,  who  are  voted  for  by  the  people,  shall  be  held  at  meetings  of 
the  citizens  qualified  to  vote  in  such  elections  in  their  respective 
wards,  at  the  time  fixed  by  law  for  these  elections  respectively  ; 
and  at  such  meetings  all  the  votes,  given  for  said  several  officers 
respectively,  shall  be  assorted,  counted,  declared,  and  registered  in 
open  ward  meeting,  by  causing  the  names  of  all  persons  voted  for, 
and  the  number  of  votes  given  for  each,  to  be  written  in  the  ward 
record  in  words  at  length.  The  ward  clerk  shall  forthwith  deliver 
to  the  oity  clerk,  a  certified  copy  of  the  record  of  such  elections. 
The  city  clerk  shall  forthwith  record  such  returns,  and  the  mayor 
and  aldermen  shall  within  two  days  after  every  such  election,  ex¬ 
amine  and  compare  all  said  returns,  and  make  out  a  certificate  of 
the  result  of  such  elections,  to  be  signed  by  the  mayor  and  a  ma¬ 
jority  of  the  aldermen,  and  also  by  the  city  clerk,  which  shall  be 
transmitted  or  delivered  in  the  same  manner  as  similar  returns  are 
by  law  directed  to  be  made  by  selectmen  of  towns.  And  in  all  elec- 


13 


tions  for  representatives  to  the  General  Court,  in  *case  the  whole 
number  proposed  to  be  elected  shall  not  be  chosen  by  a  majority  of 
the  votes  legally  returned,  the  mayor  and  aldermen  shall  forthwith 
issue  their  warrant  for  a  new  election,  conformably  to  the  provi¬ 
sions  of  the  Constitution,  and  the  laws  of  the  Commonwealth. 

Sect.  18.  Prior  to  every  election,  the  mayor  and  aldermen  shall 
make  out  lists  of  all  the  citizens  of  each  ward  qualified  to  vote  in 
such  elections,  in  the  manner  in  which  selectmen  of  towns  are  re¬ 
quired  to  make  out  lists  of  voters ;  and  for  that  purpose  they  shall 
have  Tull  access  to  the  assessors’  books  and  lists,  and  be  entitled  to 
the  assistance  of  all  assessors,  assistant  assessors,  and  city  officers, 
and  they  shall  deliver  said  lists,  so  prepared  and  corrected,  to  the 
clerks  of  said  wards  to  be  used  at  such  elections ;  and  no  person 
shall  be  entitled  to  vote  whose  name  is  not  borne  on  such  list. 

Sect.  19.  General  meetings  of  the  citizens  qualified  to  vote, 
may,  from  time  to  time,  be  held,  to  consult  upon  the  public  good  j 
to  instruct  their  representatives,  and  to  take  all  lawful  measures  to 
obtain  redress  for  any  grievances,  according  to  the  right  secured  to 
the  people  by  the  Constitution  of  this  Commonwealth.  And  such 
meetings  may  and  shall  be  duly  warned,  by  the  mayor  and  aider- 
men,  upon  the  requisitions  of  fifty  qualified  voters. 

Sect.  20.  For  the  purpose  of  organizing  the  system  of  govern- 

•  ment  hereby  established,  and  putting  the  same  into  operation  in  the 

first  instance,  the  selectmen  of  the  Town  of  Roxbury  for  the  time 

being,  shall,  on  some  day  during  the  months  of  March  or  April  of 

the  present  year,  issue  their  warrants  seven  days  at  least  previous 
✓ 

to  the  day  so  appointed  for  calling  meetings  of  the  said  citizens  at 
such  place  and  hour  as  they  may  deem  expedient,  for  the  purpose 
of  choosing  a  warden,  clerk,  and  inspectors  for  each  ward,  and  all 


14 


other  officers  whose  election  is  provided  for  in  the  preceding  sec¬ 
tions  of  this  act,  and  the  transcripts  of  the  records  of  each  ward, 
specifying  the  votes  given  for  the  several  officers  aforesaid,  certified 
by  the  warden  and  clerk  of  such  ward  at  said  first  meeting,  shall 
be  returned  to  the  said  selectmen,  whose  duty  it  shall  be  to  exam¬ 
ine  and  compare  the  same,  and  in  case  said  elections  should  not  be 
completed  at  the  first  meeting,  then  to  issue  new  warrants  until 
such  elections  shall  be  completed  ;  and  to  give  notice  thereof  in  the 
manner  hereinbefore  provided,  to  the  several  persons  elected.  And 
at  said  first  meeting,  any  inhabitant  of  said  ward,  being  a  legal 
voter,  may  call  the  citizens  to  order,  and  preside  until  a  warden 
shall  have  been  chosen.  And  at  said  first  meeting  a  list  of  voters 
in  each  ward,  prepared  and  corrected  by  the  selectmen  for  the  time 
being,  shall  be  delivered  to  the  clerk  of  each  ward,  when  elected, 
to  be  used  as  hereinbefore  provided.  And  the  selectmen  shall  ap¬ 
point  such  time  for  the  first  meeting  of  the  city  council,  as  they 
may  judge  proper,  after  the  choice  of  city  officers  as  aforesaid,  or  a 
majority  of  the  members  of  both  branches,  in  the  year  one  thous¬ 
and  eight  hundred  and  fortjr-six,  and  shall  also  fix  upon  the  place 
and  the  hour  of  said  first  meeting,  and  a  written  notice  thereof  shall 
be  sent  by  said  selectmen,  to  the  place  of  abode  of  each  of  the  city 
officers  chosen  as  provided  in  this  section.  And  after  this  first  elec¬ 
tion  of  city  officers,  and  this  first  meeting  for  the  organization  of  the 
city  council,  as  in  this  section  is  provided,  the  day  of  holding  the 
annual  elections,  and  the  day  and  hour  for  the  meeting  of  the  city 
council,  for  the  purpose  of  organization,  shall  remain  as  provided 
in  the  sixth  section  of  this  act. 

And  it  shall  be  the  duty  of  the  city  council,  immediately  after 
the  first  organization,  to  elect  all  necessary  city  officers,  who  shall 
hold  their  offices  respectively  until  others  are  chosen  and  qualified, 
and  at  the  meetings  to  be  called,  as  prescribed  in  this  section,  for 
the  choice  of  ward  and  city  officers,  the  said  inhabitants  may,  and. 


15 


shall  also  give  in  their  votes  for  county  officers,  which  votes  shall 
be  recorded,  certified  and  returned  in  the  manner  provided  in  the 
seventeenth  section  of  this  act. 

Sec.  21.  The  city  council  shall  have  power  to  make  all  such 
salutary  and  needful  by-laws,  as  towns,  by  the  laws  of  this  Com¬ 
monwealth,  have  power  to  make  and  establish,  and  to  annex  pen¬ 
alties  not  exceeding  twenty  dollars,  for  the  breach  thereof,  which 
by-laws  shall  take  effect,  ard  be  in  force,  from  and  after  the  time 
therein  respectfully  limited,  without  the  sanction  of  any  court,  or 
other  authority  whatever  :  provided ,  however ,  that  all  laws  and 
regulations  now  in  force  in  the  town  of  Roxbury,  shall,  until  they 
shall  expire  by  their  own  limitation,  or  be  revised  or  repealed  by 
the  city  council,  remain  in  force,  and  all  fines  and  forfeitures  for 
the  breach  of  any  by-law,  or  ordinance,  shall  be  paid  into  the  city 
treasury. 

Sect.  22.  The  annual  town  meeting  for  the  town  of  Roxbury, 
which  by  law  is  required  to  be  held  in  the  month  of  March  or 
April,  is  hereby  suspended,  and  all  town  officers  now  in  office, 
shall  hold  their  places  until  this  act  shall  go  into  operation  ;  and  in 
case  this  charter  shall  not  be  accepted  in  the  manner  and  form  as 
hereinafter  provided,  then  the  selectmen  shall  issue  their  warrant 
according  to  law,  for  holding  the  annual  town  meeting  of  the  in¬ 
habitants,  in  which  all  the  proceedings  shall  be  the  same  as  if  this 
act  had  not  been  passed. 

Sect.  23.  All  officers  of  the  town  of  Roxbury  having  the  care 
and  custody  of  any  records,  papers,  or  property  belonging  to  said 
town,  shall  deliver  the  same  to  the  city  clerk,  within  one  week 
after  his  entering  upon  the  duties  of  his  office. 


16 


Sect.  24.  All  such  acts,  and  parts  of  acts,  as  are  inconsistent 
with  the  provisions  of  this  act,  shall  be,  and  the  same  are,  hereby 
repealed. 

Sect.  25.  Nothing  in  this  act  contained  shall  be  so  construed  as 
to  prevent  the  Legislature  from  altering  or  amending  the  same, 
whenever  they  shall  deem  it  expedient. 

Sect.  26.  This  act  shall  be  void,  unless  the  inhabitants  of  the 
town  of  Rdxbury,  at  a  legal  town  meeting,  called  for  that  purpose, 
shall,  by  a  vote  of  a  majority  of  the  voters  present,  and  voting 
thereon,  by  a  written  ballot,  determine  to  adopt  the  same  within 
twenty  days  from  and  after  its  passage. 

Sect.  27.  This  act  shall  go  into  operation  from  and  after  its 
passage. 

House  of  Representatives,  March  11,  1846. 

Passed  to  be  enacted. 

SAMUEL  L.  WALLEY,  Jr.,  Speaker. 

In  Senate,  March  12,  1846. 

Passed  to  be  enacted. 

W.  B.  CALHOUN,  President. 

March  12,  1846— Approved. 

GEORGE  N.  BRIGGS. 

JOSEPH  G.  TORREY,  Printer,  23  Devonshire  street,  Boston. 


